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Prohibitions and Restrictions on Proprietary Trading and Certain Interests In, and Relationships With, Hedge Funds

Statement of Commissioner Scott D. O’Malia
January 11, 2012--Introduction
The Commission is considering today a Notice of Proposed Rulemaking (“Proposal”) to implement the statutory requirements of Section 619 of the Dodd-Frank Act (the “DFA”), amending the Bank Holding Company Act of 1956, commonly known as the “Volcker Rule”. Congress gave us a difficult mandate to separate proprietary trading from legitimate and essential market-making, underwriting and hedging responsibilities.

However, establishing a bright line is far easier said than done.

Today’s Proposal sets in motion what Sheila Bair, the former Chairman of the Federal Deposit Insurance Corporation and a former Acting Chairman and Commissioner of the CFTC, aptly described as an “[u]nder…300-page Rube Goldberg contraption of a regulation….proposed by federal agencies [(the Joint Proposal”)] to implement the Volcker Rule.”1 The deadline for comments on the Joint Proposal was recently extended another thirty days until February 13, 2012. This extension is a byproduct of the unrealistic expectations placed upon the industry and the regulators to implement the will of Congress without completely decimating liquidity. In their current forms, both the Joint Proposal and the Proposal before the Commission today in their complexity fall short of providing an appropriate foundation for a rigorous and reliable rulemaking process, and it seems inevitable that we and our fellow regulators will have to engage in re-proposals that, at a minimum, reduce the complexity and clarify the regulatory roles for the five regulatory entities involved.

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Source: CFTC.gov


“That it was all very complicated.”1

January 11, 2012--Opening Statement of Commissioner Scott D. O’Malia, Open Meeting on Three Final Rules, One Proposed Rule, and One Delegation of Authority Order January 11, 2012--Introduction
“That it was all very complicated,” writes Michael Lewis in his 2010 book The Big Short: Inside the Doomsday Machine. He was writing about how customers were sold publicly-traded credit default swaps (CDOs) by Wall Street firms and were kept in the dark about the nature and value of these investments.

It was complicated because who would want to believe that customers were being duped into paying to essentially take out the trash generated by the housing bubble’s magnificent burst? Fortunately, today’s rulemaking slate seeks to require dealers to be more accountable to their customers and offer improved protection of segregated funds held by futures commission merchants.

I would like to thank the four teams responsible for today’s three final rules and one proposed rule. Combined, these documents total over 1,000 pages -- a massive amount of work for the Commodity Futures Trading Commission (“Commission” or “CFTC”) to review and provide comment. I commend the staff for their patience and willingness to help inform the Commission under very short timetables.

External Business Conduct Standards for Swap Dealers and Major Swap Participants

As was made clear from the Big Short, many customers were not provided a full picture of the risks of various products, including specifically mortgage-backed securities, let alone the inherent conflicts-of-interest when dealers took a position opposite their customers. Today’s final rules relating to external business conduct standards represent an informed integration of the statutory language, congressional intent, existing statutory, regulatory, and self-regulatory requirements for market professionals, securities law, and industry best practices. The final rules do not preserve unworkable proposals such as the proposed best execution standards and prohibition against trading and front running, which were not supported by comments. As well, there are multiple modifications to the proposed rule text to, where possible and appropriate, avoid creating trading delays or barriers through the chilling of communications between swap dealers (“SDs”) and major swap participants (“MSPs”) and their counterparties. One significant manner in which this is accomplished is by allowing, in many instances, demonstration of and compliance with the rules on a relationship basis through disclosures and counterparty representations in counterparty relationship documentation.

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Source: CFTC.gov


Statement, Open Meeting of the Commodity Futures Trading Commission, Washington, DC

Commissioner Bart Chilton
January 11, 2012--
When Things Go Wrong
My mother used to say sometimes you need to see what things look like when they go really wrong, in order to appreciate how good you had it when things were going right.

Well, we’ve had a few things go really, really wrong in the past couple of months, and it’s made us think about how good we had it.

I’m talking, of course, about MF Global, and how, for so many years, we had the confidence that customer funds were so very well protected by the federal commodities segregated account statutes and regulations. But MFG was a stone-cold, Sumatra-bold, no-holds barred wake-up call—this was a hit to the very heart of who we are as regulators and who we are as an industry. Most importantly, it is now a constant, clanging bell alerting us that we have to change in order to ensure that customer funds—taxpayers’ money—are taken care of, first and foremost, before anything else.

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Source: CFTC.gov


Standard & Poor's Announces Changes In The S&P/TSX Canadian Indices

January 11. 2011--Standard & Poor's will make the following changes in the S&P/TSX Canadian Indices:
The shareholders of Emerge Oil & Gas Inc. (TSX:EME) and Twin Butte Energy (TSX:TBE) have approved the business combination between the two companies.

Emerge Oil & Gas will be removed from the S&P/TSX SmallCap and the S&P/TSX Equity SmallCap Indices after the close of Friday, January 13, 2012.

At the same time, the relative weight of Twin Butte Energy Ltd. will increase in the S&P/TSX SmallCap and the S&P/TSX Equity SmallCap Indices to reflect the issuance of shares as part of the acquisition of Emergy Oil & Gas Inc.

Company additions to and deletions from an S&P equity index do not in any way reflect an opinion on the investment merits of the company.

Source: Standard & Poor's


BlackRock to acquire Claymore Investments

January 11, 2012--BlackRock, Inc. has struck a deal to buy exchange traded fund (ETF) provider Claymore Investments from Guggenheim Partners, LLC. BlackRock already owns the iShares line of ETFs, which manages the lion’s share of ETF assets in Canada.

“This transaction brings together two innovative investment fund providers and creates an unparalleled opportunity to serve our Canadian clients,” said Bill Chinery, head of BlackRock Canada. “Claymore Canada brings a complementary set of ETFs to the world-class iShares range of products and enhances our ability to compete against other investment fund providers in Canada.”

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Source: Advisor.ca


ETF assets rise in 2011

January 11, 2012--In 2011, exchange-traded fund (ETF) assets increased USD51 billion, or 5.1%, according to the ETF Industry Association. As of year-end 2011, ETF assets totaled USD1.045 trillion, among 1,166 products (including 26 funds of funds).

Although other ETF asset classes, such as fixed income and commodities, have grown rapidly, equities (excluding the real estate category) still accounted for 70% of ETF assets at year end.

This included USD501 billion in US equity ETFsv and USD231 billion in global/international equity ETFs, according to the ETF Industry Association. The association reports that net cash inflow for ETFs in December 2011 was USD16 billion, bringing the full-year total to USD115 billion, or 2.1% above 2010.

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Source: Canadian ETF Watch


BM&FBOVESPA announces 2011 market performance

January 11, 2012--BM&FBOVESPA announced 2011 market performance. Historic records set in 2011:
Financial volume and number of transactions in the equity market;
Total number of contracts traded, DI futures contracts traded and of corn futures contracts and options on corn futures traded in the Derivatives Market;

Financial volume and number of equity lending transactions.

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Source: BM&FBOVESPA


First TRust files with the SEC

January 11, 2011--First Trust has filed a post-effective amendment, registration statement with the SEC.

view filing

Source: SEC.gov


State Street files with the SEC

January 11, 2012-State Street has filed a post-effective amendment, registration statement with the SEC for the SPDR S&P® Small Cap Emerging Asia Pacific ETF (GMFS).

view filing

Source: SEC.gov


PowerShares files with the SEC

January 11, 2012--PowerShares has filed a post-effective amendment, registration statement with the SEC for the PowerShares S&P International Developed Low Volatility Portfolio (IDLV) and

PowerShares S&P Emerging Markets Low Volatility Portfolio (EELV)

view filing

Source: SEC.gov


SEC Filings


February 13, 2026 Tidal Trust II files with the SEC-YieldMax(R) Top Ten ETFs
February 13, 2026 Tidal Trust II files with the SEC-Defiance 2X Daily Short Pure Quantum Computing Index ETF
February 13, 2026 Innovator ETFs Trust files with the SEC-Innovator Equity Dual Directional 10 Buffer ETF-March
February 13, 2026 Innovator ETFs Trust files with the SEC-Innovator Equity Dual Directional 15 Buffer ETF -March
February 13, 2026 Listed Funds Trust files with the SEC-Roundhill Video Games ETF

view SEC filings for the Past 7 Days


Europe ETF News


February 04, 2026 Bitwise lists Diaman Bitcoin & Gold ETP on Deutsche Borse Xetra
February 03, 2026 ING Germany Expands Crypto Access With Bitwise ETPs and VanEck ETNs
February 02, 2026 Blockchain.com & Ondo Finance Launch Onchain Tokenized U.S. Stocks Across Europe
January 28, 2026 The EBA publishes updated risk assessment indicators
January 27, 2026 France to ditch US platforms Microsoft Teams, Zoom for 'sovereign platform' amid security concerns

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Asia ETF News


February 09, 2026 Abu Dhabi's GDP expands 7.7%,non-oil economy grows 7.6% in Q3 2025
February 06, 2026 Strong and consistent demand by Korean retail investors throughout 2025 for overseas listed ETFs
February 02, 2026 Mirae Asset Global Investments Launches Mirae TIGER China Securities ETF, Tracking the Solactive China Securities Index
February 02, 2026 Daily Price Limits to be Broadened(ETF/ETN): 3 issues
February 02, 2026 Daily Price Limits to be Broadened : 1 issue

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Global ETP News


February 11, 2026 Ranked: The Countries Buying (and Selling) the Most Gold Since 2020
January 22, 2026 ETFGI reports Actively Managed ETFs Hit Record US$1.92Tr as 2025 Marks Highest Ever Inflows and 69th Consecutive Month of Growth
January 22, 2026 ETFGI reports Actively Managed ETFs Hit Record US$1.92Tr as 2025 Marks Highest Ever Inflows and 69th Consecutive Month of Growth
January 19, 2026 Global Economy Shakes Off Tariff Shock Amid Tech-Driven Boom
January 16, 2026 WEF-Chief Economists' Outlook: January 2026

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Middle East ETP News


February 09, 2026 Abu Dhabi's GDP expands 7.7%,non-oil economy grows 7.6% in Q3 2025
January 28, 2026 TASE to Expand the Range of Equity Indices: The TA-Technology 35 Index Will Include the Largest Technology Companies
January 27, 2026 Abu Dhabi's Lunate-backed luxury focused ETF lists on ADX

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Africa ETF News


January 11, 2026 Africa: Nigeria and South Africa Plan to Boost Fossil Fuel Production, Risking Their Climate Change Pledges
January 08, 2026 African Union, China Agree to Explore Full Potential for Practical Cooperation

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ESG and Of Interest News


February 13, 2026 Ranked: EV Share of New Car Sales by Country in 2025
February 12, 2026 China's carbon emissions may have reached a critical turning point sooner than expected
February 12, 2026 The Role Of Finance In Addressing Sustainable Development
February 10, 2026 Corruption Perceptions Index 2025: Decline in leadership undermining global fight against corruption
February 04, 2026 Mapped: Which Countries Rely Most on Imports

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White Papers


February 04, 2026 New SIX White Paper: Swiss Versus US Listings
January 23, 2026 IMF Working Paper: Understanding China's 2024-25 Frontloading from the Lens of Product-Level Export Baskets
January 23, 2026 IMF Working Paper: Structural Reforms in Saudi Arabia Since 2016
January 23, 2026 IMF Working Paper: Structural Reforms in Saudi Arabia Since 2016
January 16, 2026 IMF Working Paper: From Par to Pressure: Liquidity, Redemptions, and Fire Sales with a Systemic Stablecoin

view more white papers